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GARRETT v. MORGAN

No. 30932-7-II.

112 P.3d 531 (2005)

127 Wash.App. 375

Russell GARRETT, as Trustee of the Bankrupt Estates of Rebecca Davis and Thomas Davis, wife and husband, Appellant, v. Bruce MORGAN, D.P.M., and "Jane Doe" Morgan, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered June 1, 2005.

Attorney(s) appearing for the Case

Jay Donald O'Sullivan, O'Sullivan & Blotch, William Robert Hickman, Reed McClure, Seattle, WA, for Respondent.

Kenneth Wendell Masters, Attorney at Law, Bainbridge Island, WA, Stephen Louis Bulzomi, Messina/Bulzomi, University Place, WA, for Appellants.

HOUGHTON, J.

¶ 1 Russell Garrett, as Trustee of the bankrupt estates of Rebecca and Thomas Davis, appeals from a trial court ruling that judicial estoppel precludes the Trustee from pursuing the Davises' personal injury claims against Bruce Morgan, D.P.M. We affirm.

FACTS

¶ 2 In May 1997, the Davises filed a Chapter 7 bankruptcy petition. In June 1997, they filed a personal injury lawsuit against Morgan based on the medical care he provided...

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